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Accountable Gambling in the Public Interest. Alberta Gaming Research Institute-April 2008 Dr. Garry Smith & Dan Rubenstein CA, MA Funded By: Ontario Problem Gambling Research Centre --. Contents. Accountability 101 Research Methodology Research Findings

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accountable gambling in the public interest

Accountable Gambling in the Public Interest

Alberta Gaming Research Institute-April 2008

Dr. Garry Smith &

Dan Rubenstein CA, MA

Funded By: Ontario Problem Gambling Research Centre

--

contents
Contents
  • Accountability 101
  • Research Methodology
  • Research Findings
    • There Are Attributes of Commercial Gambling Worth Noting
      • Compared to other Government Goods & Services
    • Accountability Implications of Attributes of Commercial Gambling
    • There Are Accountability Gaps: Ontario Regime
      • Operating and Regulatory Regime in Ontario
      • Observed Gaps
    • Need for Model: Accountable Gambling in the Public Interest
  • Questions for Citizens
  • Need for Further Research
accountability 101
Accountability 101
  • Definition of Accountability
  • Westminster Model Parliamentary Democracy:
    • Ministerial Responsibility/Collective Responsibility of Cabinet
    • Foundation: Enabling Legislation
  • Accountability Process:
    • Role of Executive Branch & Legislative Assembly (Basis of Accountability Relationship)
      • Ministers Render an Account
      • Parliament Holds Ministers to Account
  • Accountability Gap: Significant Unanswered Questions in Accountability Relationship
research methodology
Research Methodology
  • Researchable Questions:
  • 1. Are There Attributes of Commercial Gambling That Create Gambling Specific Accountability Requirements and Public Expectations?
  • 2. Does Legislative and Policy Foundation in Ontario Provide a Reasonable Basis to Hold A Government to Account, Given These Gambling Specific Accountability Needs?
  • Scope: Enabling Legislation, Policy Framework for Ontario Lottery and Gaming Corporation (OLG) and Alcohol and Gaming Commission of Ontario (AGCO).
  • Methodology:
    • Analysis of What Is:
      • Analysis of Enabling Legislation, Policies
      • Structured Interviews: Regulator, Operator and Policy Makers in Ontario
    • Consideration of What Could Be
    • Identify Accountability Gaps/Questions for Citizens?
question 1 attributes of commercial gambling
Question 1: Attributes of Commercial Gambling
  • Morally Contested Industry*
  • Gambling is Not an Essential Service*
  • Unlike Other Forms of Entertainment*
  • Gambling is Hazardous to Some*
  • Application of Consumer Protection Laws is Unclear
  • Contractual Arrangements With Powerful Special Interests
  • Risk of Creating Financial Dependency
  • Independent Oversight Challenges
  • Lack of Jurisprudence & Definitions of Key Terms*
  • Unintended Effects of Policy Implementation Are Largely Invisible
question 1 gambling specific accountability implications
Question 1:Gambling Specific Accountability Implications
  • 1. Morally Contested Industry:
    • Need for Objective, Credible and Complete Data on Costs & Benefits.
  • 2. Not an Essential Service:
    • Need for Evidence Based Case (Public Domain) How Gambling Is in the Public Interest.
  • 3. Unlike Other Forms of Entertainment:
    • Need for Disclosure: Market Stimulation, Unintended Effects, %of Revenue from Problem Gamblers (By Type of Gambling).
question 1 gambling specific accountability implications con t
Question 1: Gambling Specific Accountability Implications (Con’t)
  • 4. Gambling is Hazardous to Some:
    • Need for Data On How Different Types of Gambling Affect the Vulnerable; Efficacy in Protecting Vulnerable.
    • Need for Statutory Clarity--Do Principles of Informed Consent, Precautionary Principle or Duty of Care Apply to Gov’t. as Regulator and Operator?
  • 9. Lack of Jurisprudence & Definitions of Key Terms:
    • Clarity of Meaning--Social Responsibility, Duty of Care, Informed Consent in Commercial Gambling.
accountability gaps issues to be clarified in accountability relationship
Accountability Gaps: Issues to Be Clarified in Accountability Relationship
  • Enabling Legislation:
    • Operator: Accountability to Act in Public Interest in Accordance with Principles of Honesty, Integrity and Social Responsibility (OLGCA Largely Silent)?
    • Ministers’ (Operator & Regulator) Accountability for Harm Minimization and Mitigation (Acts and Policies Largely Silent)?
    • Operator & Regulator: What does Social Responsibility Mean (Lack of Definition, Jurisprudence)?
accountability gaps issues to be clarified in accountability relationship con t
Accountability Gaps: Issues to Be Clarified in Accountability Relationship (Con’t.)
  • Policy Framework:
    • Explicit Chain of Accountability for Results that Links Explicit Mission Statement, Objectives, Defined Terms and Core Principles to Public Interest?
    • Should there be Reference to Accountability for Adherence to:
      • Precautionary Principle?
      • Informed Consent?
      • Duty Of Care?
    • Silent: Transparency About Rationale for Policy Decisions, Including Trade-offs Between Revenue Generation and Adherence to Core Principles. Should There Be a Disclosure Requirement?
  • Expectations on When Periodic Informed Public Consultation Is Required (Policy and Statutes Silent)?
  • Should There be Sectoral Accountability for Oversight of Whole System of Commercial Gambling (Accountability for Regulation, Silent on System Oversight)?
need for model accountable gambling in public interest
Need for Model: Accountable Gambling in Public Interest
  • Difficult for a Citizen to Know if Public Interest Served by Commercial Gambling:
    • Need for an Evidence Based Case Showing Public Interest Served by Commercial Gambling (i.e. Net Benefit).
  • Incomplete Basis to Hold Ministers to Account for Regulation & Operation:
    • Limited Basis to Assess if Doing Enough: Harm Minimization and Mitigation (Addiction), Duty of Care, Informed Consent?
questions for citizens
Questions for Citizens
  • How Does a Government Know and Prove to Citizens That:
    • Gambling Is a Net Benefit to Community?
    • The Vulnerable Are Adequately Protected?
    • The Games Are Fair, the Odds Are Reasonable?
    • There is Enough Distance Between Government and the Gambling Industry; No Perception of Undue Influence on Government Policy for Commercial Gambling?
need for future research
Need for Future Research
  • Accountability Focus Transcends Pro and Anti-Gambling Debate.
  • Accountability Information is the Grist of Democracy. Relatively Unexplored Research Area.
  • Addressing Accountability Gaps Can Lead to More Informed Discussion During Policy Development and Implementation on Intended and Unintended Effects?
  • Phase II: Develop and Field Test Model of Accountable Gambling in the Public Interest